Regulatory Alert: Pennsylvania Amends Telemarketing Registration Act

The Governor of Pennsylvania has signed House Bill 318 amending the state’s Telemarketing Registration Act. Please note, the Act is now more restrictive in several of its requirements than the Telephone Consumer Protection Act (TCPA) and the Federal Do Not Call Registry (DNC). The following changes will take effect December 3, 2019:

  • Businesses may add their telephone numbers to the state’s Do Not Call registry. Calls to business numbers appearing on the registry are subject to the same restrictions as registered residential numbers.
  • DNC protections are extended to numbers on the registry until the number is no longer valid or until the subscriber requests to have the telephone number removed from the registry.
  • Robocalls, defined as prerecorded messages, must clearly state a method for the recipient to opt-out at the beginning of the call.
  • Telephone solicitations on legal holidays are prohibited. Be advised that Pennsylvania has several state holidays in addition to the federally recognized holidays.

While these changes place additional restrictions on “Telephone Solicitation Calls,” the term does not include debt collection calls, calls placed on behalf of a political party or a nonprofit, and calls to those with whom the telemarketer has established a business relationship within the preceding 12 months.